2018 (4) TMI 551

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....pplication in Form C, to Kakinada Customs for renewal of permission of extension of their custom broker agency to operate at Kakinada Customs. The jurisdictional Customs Commissionerate addressed a letter to original license issuing authority, namely, Principal Commissioner of Customs (General), CBS, New Custom House, Mumbai seeking a report on antecedents of the appellant and also requesting to furnish any objection in permitting the said Customs Broker to operate at Kakinada Customs. In reply, the Asst. Commissioner (General), New Custom House, Mumbai submitted that the CB license of the appellant is valid till 31.12.2026, that two inquiry cases are pending against them, there were no deviations from the obligations prescribed under Regul....

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....inada Customs House under Regulation 7 (2) read with Regulation 23 of the Customs Brokers Licensing Regulations, 2013." Aggrieved, the appellants are before this forum. 2.1 On 03.01.2018 when the matter came up for hearing, the appellant represented by Ld. Consultant Mr. Prashant Patankar put forth various submissions which can be broadly summarized as under : (i) The Commissioner has not appreciated that there was no case against them in Kakinada Custom House under CBLR and has only relied upon the inquiry pending against appellant in parent Commissionerate vide S8-39/2010-11-Admn. (ii) Commissioner has failed to appreciate that parent Commissionerate had renewed their license for 10 years upto 31.12.2026 in spite of pending enquiry. ....

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....ustoms station and that right to operate in that customs station is subject to acceptance or permission of jurisdictional Commissioner . 7. We are not able to appreciate this conclusion of the lower authority. The appellant has submitted an application for renewal as far back as 02.12.2016. The reference made by Kakinada Customs to the parent Commissionerate, namely, New Custom House, Mumbai, seeking report on antecedents and NOC was understandable. We find that while the new Customs House, Mumbai in their reply have indicated that two inquiries are pending against the licensee. But, it was also conveyed that appellant's license has been renewed by New Custom House and is valid upto 31.12.2026, that there are no deviations from obligations....